Court of Appeal allows appeal on EU Settlement Scheme dependency rules.
Court of Appeal has said that a child, who is over 21 and has rights of residence based on dependency on their EU citizen parent, does not lose those rights if they start working and are no longer financially dependent on the parent. Essentially, dependency is determined at the date of application and once that has been established, the right to work takes precedence over the requirement for ongoing dependency. The case is R (Ali) versus Secretary of State for the Home Department [2024] EWCA Civ 1546.
It is unclear how many people will be affected by this decision, but it will be good news for many. The Home Secretary is seeking permission to appeal to the Supreme Court, though.
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